This blog replaces the earlier archives I had posted on the Internet and includes various memos sent to the clients of the VitaminLawyer.com (now the Vitamin Consultancy). It includes archived copies of memos from 2004 through 2007 and subsequent memos will be posted as they are issued.

Wednesday, September 29, 2010

0. Blogs & News – Fake “Food Safety” Bills – S.510 / S.37671. FTC and POM’s Claims3. Cautions for CAM Wellness Practices Webinar Now Archived!4. Natural Clinical Trials Center is OPEN!5. Vitamin Lawyer connections…-----------------------------------------------------0. Blogs & News – Recent issues of this Memo have covered such topics as recent Claims Surveys, Trademark “Fair Use”, CCDS (Company Core Data Sheets), Trends in FDA Warning Letters; the new FTC testimonial Rule and the FDA Rule regarding “expiration” dates and “best if used by” dates.Access to the Vitamin Lawyer Webinars and more; videos, major site updates:www.NaturalHealthOptions.netNews: Senate may recess today and not pass the fake “Food Safety” bills, S.510 – S.3767Updated info here: www .healthfreedomusa. org/?p=6269------------------------------------------------------1. Just in from NutraIngredients: FTC bombs POM (and researchers beware)[VL comments: this case is about substantiation and satisfying FTC and FDA evolving substantiation standards; IMHO the agencies are moving toward practically requiring clinical studies (3rd party, double blind, placebo controlled) to substantiate any but the simplest claims.]“The Federal Trade Commission legal action alleging POM Wonderful made unsubstantiated claims for its pomegranate products, adds to a stream of claim actions the increasingly active agency has taken this year… [including: Kellogg’s, Nestlé, Wrigley, Ovos] …Here the FTC has upped the ante by filing a complaint that is slated to be heard by an Administrative Law Judge of the Federal Trade Commission on May 24 next year. It has also filed a supplementary action against a former POM Wonderful researcher, Mark Dreher, which signals that individuals involved in the gathering and promulgation of research materials can also come under FTC scrutiny…… “it was unusual for the FTC to pursue the researcher. I am aware of a couple of instances where something to that effect has been on the table, but it is very rare to see it followed through to completion. It should send a message to researchers to make sure that their work can withstand the scrutiny of their peers and to be careful about getting caught up in marketing hype.” … “The new regime at FTC intends to increase the amount of enforcement action taken against food and dietary supplement advertisers,” said Emord. …He added: “… The issue is whether the claims made can be proven false and misleading. Rightly construed consistent with the First and Fifth Amendments, FTC should carry the burden of proof and must establish that the claims are false rather than, as it often does (improperly in my view) presume the claims false based on inadequacies in the accused party’s supporting evidence.” …”By Shane Starling, 28-Sep-2010 - www. nutraingredients-usa. com/content/view/print/323597------------------------------------------------------2. Cautions for CAM Wellness Practices Webinar Now Archivedhttp://www.naturalhealthoptions.net/LifeSpiritWebinars.php"Do you have a CAM “Alternative” health practice? Do you provide nutrients, remedies or health related items to clients?Do you have questions about your legal rights and limits … or need information about how best to run your health care business? Are you aware there are words you cannot use and statements, although true, you cannot safely say to clients?Hiring an attorney, one on one, to review these issues could cost you hundreds of dollars… making a mistake could cost you thousands. I invite you, instead, to learn from my Webinar, Cautions for CAM Wellness PracticesI am Ralph FucetolaJD, known as The Vitamin Lawyer, because much of my 36 year legal practice centered around helping people in CAM practices, nutrient purveyors and advanced healthcare teachers. Today I am a Trustee of Natural Solutions Foundation. I can keep you out of trouble and operating smoothly so you can fulfill your mission to help others…"This $99 PEL Webinar runs about an hour through 32 slides. It includes an 18 page eBook of information and forms all of which would cost over $500 if one on one. This is a Natural Solutions Foundation Benefit Webinar."-----------------------------------------------------3. Natural Clinical Trials CenterThe Natural Solutions Center in Volcan, Panama is now open, so Clinical Trials are beginning shortly! GET YOURS SCHEDULED NOW. Check out the Videos and PPT Webinar on the Site! See Clinical Trial SOPs below.www.NaturalClinicalTrials.org• New FDA and FTC regulations make your job harder than ever... Recent changes mean that your company MUST consider Clinic Tests, Studies and Trials:• To demonstrate product safety• To substantiate product claims• To determine "typical results" for Testimonial Ads• To meet batch testing requirements.• These changes also mean you must not:• Make claims you cannot substantiate• Use Testimonials without disclosing "typical results"• What can you do to tell your customers that your product is helpful, effective and important for them to use? Let us show you what we can do to help you with cost-effective clinical work...Natural Solutions Wellness Center has established the Natural Clinical Trials Program - the NCT - to bring our special expertise to natural product clinical studies, tests and trials.The NCT Program is headed by Dr. Rima E. Laibow MD, with the collaboration of Dr. Robert Goodman PhD, Ralph Fucetola JD, and the Natural Solutions Center Staff.----------------------------------------------4. Vitamin Lawyer Connections…[The following links are “broken” since too many links in an email may cause it to be treated as spam.]Do you Skype? If so, free Skype.com is one of the easiest ways to contact me, no matter where I may be. My Skype handle is: vitaminlawyer Our new affiliation site: www .naturalhealthoptions .netDo you have an affiliation program? We’d like to list it. If you don’t have an affiliate program… I have Affiliate Program SOPs & Rules …And good advice… for you.“One on One with the Vitamin Lawyer” from Power Pictures Inc.Trailer: www. youtube. com/watch?v=wWPvzpn0YgAwww. powerpicturesinc. net/store.htmlFollow me on Twitter - www. twitter. com/healthfreedomus------------------------------------------------Ralph Fucetola JDwww .NaturalHealthOptions .netwww .vitaminlawyer .comhttp:// vitaminlawyerarchives.blogspot .comhttp:// vitaminlawyerhealthfreedom.blogspot .comwww .globalhealthfreedom. orgIf you want to unsubscribe to this newsletter, please email me at ralph.fucetola (at) usa.net with “Unsubscribe” in the subject line.

Friday, September 10, 2010

0. Blogs & News – Fake “Food Safety” Bill1. SEO Tips for New Sites…3. Private Vitamin Lawyer Ad Copy Webinar!4. Natural Clinical Trials Center is OPEN!5. Vitamin Lawyer connections…-----------------------------------------------------0. Blogs & News – Recent issues of this Memo have covered such topics as recent Claims Surveys, Trademark “Fair Use”, CCDS (Company Core Data Sheets), Trends in FDA Warning Letters; the new FTC testimonial Rule and the FDA Rule regarding “expiration” dates and “best if used by” dates.Access to the Vitamin Lawyer Webinars and more; videos, major site updates:www .NaturalHealthOptions .netNews: Senate back in session; may pass the fake “Food Safety” bill, S.510 -URGENT ACTION ITEM - www .healthfreedomusa. org/?p=6269------------------------------------------------------1. SEO Tips for New Sites…From: www. EntireWeb .comOptimal Linking for SEO: 10 Useful Tips for New SitesThe way you link, both internally and externally from your site , is crucial for achieving results in today's competitive market. Getting help from an SEO Agency can give you the advantage you need when it comes to search engine ranking and those all-important hits on your site.As SEO experts are bound to point out, it's a process that needs to be carried on over time and considered whenever you make any changes to your site. As a new site you'll need strategies to assist you in climbing the ladder to good Internet ranking placement as quickly as possible.Here are 10 very useful tips on links and linking architecture for anyone with an interest in SEO, and if you're involved in marketing of any kind over the Internet, then that's you.1. Think About Who Links to YouYou'll already know the value of reputation when it comes to marketing your product or service. If sites that are associated with good quality products are clearly seen by users and search engines to link to your own then this will reflect well on you.Pay close attention to the number of .com and .co.uk sites that link to you, for example, and think carefully about ways in which you can encourage others to do likewise.2. Think About Who You Link toThe same rules as before. Linking to good quality sites reflects well on your own. Keep up to date with innovations and developments and stay relevant with fresh links on your pages. Try to develop a balanced portfolio of links on your site. 3. Avoid Broken LinksAs part of ongoing site maintenance for SEO you should be aware of any links that are no longer in use and remove them from your site.4. Think About RelevanceThis is very important. Link to sites with a clear relevance to your own only. Search engines pay special attention to this, as do users, and every irrelevant link on your page is detrimental.5. Internal LinksThink about internal links and whether your site is user friendly. Make the most of internal links and get some advice from SEO experts about ways to link internally that will benefit your site's ranking.6. MapsThink about linking back to homepage and site maps. Make your site as easily navigable as possible. This will encourage users and benefit your site as search engines see these links when they probe it. A map is a useful way to introduce internal links and make the site easier to get around.7. Link BuildingThink about the use of exact match terms for link building. Build links using exactly matching anchor text. Remember though, don't get carried away - an excess use of keywords can be as bad as a lack. Using terms you want to rank for and that summarise the topic referred to, in moderation, can strengthen the ratings of your site by search engines.Find a balance and use your senses. If you feel that you've gone overboard with repeated words or phrases in your internal links then you probably have.8. Avoid CloakingSearch engines are increasingly sophisticated at detecting 'black hat' or unscrupulous SEO techniques. While it may be tempting to improve your popularity on the net by attracting unwitting visitors to your site, be aware that techniques that accomplish this can get you into trouble.Users and search engines are alike in their approach to cloaking - they don't accept or tolerate it. Stay within the boundaries to avoid problems.9. Look at Where Your Competitors LinkThis is legal and it can give you an advantage or at least level the playing field somewhat when it comes to links. Go to Yahoo and type in link: www.competitorsite.com to get access to useful tools for viewing your competition's linking activity. Remember that knowledge is power.10. StrategiseHave a solid strategy for linking to, from and within your site. Think before you link and use every intelligent strategy at your disposal. Getting advice from website optimization specialists can really help.To conclude, it's hoped that some important considerations about link building were highlighted for you here in our list.Some areas were only touched upon, and in an environment such as computing where change is a constant, it pays to stay abreast of developments. Remember that if you're short on time, search engine optimisation specialists are available for SEO and improving your ranking and your profits.About the Author: Sam Desilwa - Seoconsult.co.uk provides Seo and Search Engine Optimisation Services. Visit http://www.seoconsult.co.uk/ for more information. ------------------------------------------------------2. New Vitamin Lawyer Ad Copy Webinar – Private for Your Company, via Internet…I am offering a private, two hour internet webinar, with Powerpoint visual aids and ebook, about writing lawful natural product ad copy, specifically including the new FTC testimonial rule. I will do the presentation over the net and answer any questions from your staff. Email me if your company is interested. Price: $600 for a 2 hour session; $900 for 3 hours - ralph.fucetola@usa.netWebinar covers:DSHEA and Nutrient ClaimsThree Levels of Allowed ClaimsFDA Guidance on Claims SubstantiationAllowed and Disallowed Terms (detailed lists!)Common MistakesNew FTC Testimonial RuleVarieties of SubstantiationTraditional UsesSubstantiation & Other ResourcesSample: Slide #4“Dietary Supplement products are governed by a complex of statutes and regulations. The primary source of marketing rules for nutrient claims is the Dietary Supplement Health & Education Act of 1994 (DSHEA). This Act is now part of the Food, Drug and Cosmetics Act that empowers the Food and Drug Administration (FDA). DSHEA codified the right of marketers to make certain kinds of Claims about Dietary Supplements while forbidding others.

In any event, allowable Claims must also be, under Federal Trade Commission (FTC) rules, “truthful and not misleading” which means, there must be a certain level of substantiation for any Claim a marketer wants to make. On the horizon are several layers of international regulations, including the controversial Codex Alimentarius’ Vitamin and Mineral Guidelines that may restrict international trade in supplements and their ingredients.”-----------------------------------------------------3. Natural Clinical Trials CenterThe Natural Solutions Center in Volcan, Panama is now open, so Clinical Trials are beginning shortly! GET YOURS SCHEDULED NOW. Check out the Videos and PPT Webinar on the Site! See Clinical Trial SOPs below.www .NaturalClinicalTrials .org• New FDA and FTC regulations make your job harder than ever... Recent changes mean that your company MUST consider Clinic Tests, Studies and Trials:• To demonstrate product safety• To substantiate product claims• To determine "typical results" for Testimonial Ads• To meet batch testing requirements.• These changes also mean you must not:• Make claims you cannot substantiate• Use Testimonials without disclosing "typical results"• What can you do to tell your customers that your product is helpful, effective and important for them to use? Let us show you what we can do to help you with cost-effective clinical work...Natural Solutions Wellness Center has established the Natural Clinical Trials Program - the NCT - to bring our special expertise to natural product clinical studies, tests and trials.The NCT Program is headed by Dr. Rima E. Laibow MD, with the collaboration of Dr. Robert Goodman PhD, Ralph Fucetola JD, and the Natural Solutions Center Staff.The SOPs for the Clinical Trials cover the following topics:

----------------------------------------------4. Vitamin Lawyer Connections…Do you Skype? If so, free Skype.com is one of the easiest ways to contact me, no matter where I may be. My Skype handle is: vitaminlawyer Our new affiliation site: www .naturalhealthoptions .netDo you have an affiliation program? We’d like to list it. If you don’t have an affiliate program… I have Affiliate Program SOPs & Rules …And good advice… for you.“One on One with the Vitamin Lawyer” from Power Pictures Inc.Trailer: www. youtube. com/watch?v=wWPvzpn0YgAwww. powerpicturesinc. net/store.htmlFollow me on Twitter - www. twitter. com/healthfreedomus------------------------------------------------Ralph Fucetola JDwww .NaturalHealthOptions .netwww .vitaminlawyer .comhttp:// vitaminlawyerarchives.blogspot .comhttp:// vitaminlawyerhealthfreedom.blogspot .comwww .globalhealthfreedom. orgIf you want to unsubscribe to this newsletter, please email me at ralph.fucetola (at) usa.net with “Unsubscribe” in the subject line.

About Me

The Vitamin Conslutancy - www.vitaminconsultancy.com -- I practiced law for 36 years in NJ (1971 - 2006), gaining a reputation as The Vitamin Lawyer, representing people in the Natural Products, Dietary Supplements and CAM (Complementary and Alternative Modalities) fields. Now I provide educational services and I consult with lawyers and other professionals, formulators, manufacturers and purveyors of natural and nutritional products, as well as with CAM enterprises and practitioners.
I started these blogs to comment on health and freedom issues and to provide an archive of information for my clients and associates. This is a private expressive association communication.
I have been a trustee of several NGOs (nongovernmental organizations) including the Natural Solutions Foundation - globalhealthfreedom.org - Institute for Health Research - inhere.org - Sound Health Research Institute - soundhealthresearch.org and LifeSpirit Church - lifespirit.org